As the Baby Boomer generation ages, the number of people entering nursing homes and assisted living facilities is expected to increase drastically. Families look to these facilities to care for their loved ones, who can no longer adequately care for themselves. One increasing practice, unbeknownst to many people, is the use of Arbitration Agreements by nursing homes and assisted living facilities. These agreements are frequently asked to be signed by the incoming residents upon admission to the facility.
An Arbitration Agreement is a signed legal document in which the nursing home resident gives up his or her right to bring a lawsuit against the nursing home facility and, instead, agrees to have his or her dispute heard and settled before an arbitrator. This arbitrator is oftentimes selected by the very same facility that has asked the resident to give up his or her right to sue the facility. Furthermore, the Florida Supreme Court has held that not only does this Arbitration Agreement pertain to the resident, but if the resident should pass away due to the nursing home’s neglect, then this Arbitration Agreement also would apply to the deceased’s heirs and beneficiaries.
If you or a loved one are considering moving into a nursing home or assisted living facility and are asked to sign an Arbitration Agreement, just cross it out and don’t agree to it. If you have any questions about an Arbitration Agreement, contact the legal team at the Ruth Law Team, to discuss your rights. 1-888-783-8378